BILL REQ. #:  S-3877.3 

Read first time 01/23/2006.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to the regulation of heating, ventilating, air conditioning, and refrigeration contractors; amending RCW 18.106.010, 18.106.020, 18.106.030, 18.106.040, 18.106.050, 18.106.070, 18.106.080, 18.106.090, 18.106.110, 18.106.130, 18.106.150, 18.106.155, 18.106.170, 18.106.180, 18.106.250, 18.106.270, 18.106.320, and 19.28.041; adding a new section to chapter 18.106 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 18.106.010 and 2003 c 399 s 102 are each amended to read as follows:
     Unless a different meaning is plainly required by the context, the following words and phrases as ((hereinafter)) used in this chapter shall have the following meaning:
     (1) "Advisory board" means the state plumbing and mechanical advisory board ((of plumbers));
     (2) "Contractor" means any person, corporate or otherwise, who engages in, or offers or advertises to engage in, any work covered by the provisions of this chapter by way of trade or business, or any person, corporate or otherwise, who employs anyone, or offers or advertises to employ anyone, to engage in any work covered by the provisions of this chapter;
     (3) "Department" means the department of labor and industries;
     (4) "Director" means the director of department of labor and industries;
     (5) "Heating, ventilating, air conditioning, and refrigeration" or "HVAC/R" (a) means that craft involved in installing, altering, repairing and renovating heating, ventilation, air conditioning, and refrigeration systems and equipment; and (b) does not include residential wood stoves, or work performed by an electric utility or employees of an electrical utility while engaging in the installation, repair, replacement, or maintenance of HVAC/R equipment associated with work performed on the utility's lines or systems;
     (6) "HVAC/R equipment" means all materials, devices, components, appliances, fuel delivery piping, controls, including thermostatic controls for air, liquid, or gas, cabling, and wiring necessary to operate any system that heats, cools, conditions, ventilates, filters, refrigerates, humidifies, or dehumidifies environmental air for industrial, commercial, or residential use, including decorative gas fireplaces, which does not include: (a) Electrical wiring on the energized side of a switch or other means of disconnecting the electrical circuit providing power to the HVAC/R equipment from a source of power; (b) mechanical piping other than that necessary to deliver fuel; or (c) sheet metal work or ducting;
     (7) "HVAC/R fuel delivery piping mechanic" means a person who installs, alters, repairs, and renovates piping that delivers liquid or gas fuel to HVAC/R equipment, other than a registered journeyman or specialty plumber who works on piping necessary to deliver gas fuel to HVAC/R equipment;
     (8) "Journeyman HVAC/R mechanic" means a person who installs, alters, repairs, and renovates HVAC/R equipment who has been issued a certificate of competency by the department of labor and industries under RCW 18.106.070;
     (9) "Journeyman residential HVAC/R mechanic" means a person who installs, alters, repairs, and renovates HVAC/R equipment in a residential structure who has been issued a certificate of competency by the department of labor and industries under RCW 18.106.070;
     (10) "Journeyman plumber" means any person who has been issued a certificate of competency by the department of labor and industries as provided in this chapter;
     (((6))) (11) "Like-in-kind" means having similar characteristics such as plumbing size, type, and function, and being in the same location;
     (((7))) (12) "Medical gas piping" means oxygen, nitrous oxide, high pressure nitrogen, medical compressed air, and medical vacuum systems;
     (((8))) (13) "Medical gas piping installer" means a journeyman plumber who has been issued a medical gas piping installer endorsement;
     (((9))) (14) "Plumbing" means that craft involved in installing, altering, repairing and renovating potable water systems, liquid waste systems, and medical gas piping systems within a building. Installation in a water system of water softening or water treatment equipment is not within the meaning of plumbing as used in this chapter;
     (((10))) (15) "Specialty plumber" means anyone who has been issued a specialty certificate of competency limited to:
     (a) Installation, maintenance, and repair of the plumbing of single-family dwellings, duplexes, and apartment buildings that do not exceed three stories; or
     (b) Maintenance and repair of backflow prevention assemblies.

Sec. 2   RCW 18.106.020 and 2002 c 82 s 2 are each amended to read as follows:
     (1) No person may engage in or offer to engage in the trade of plumbing without having a journeyman certificate, specialty certificate, temporary permit, or trainee certificate. A trainee must be supervised by a person who has a journeyman certificate, specialty certificate, or temporary permit, as specified in RCW 18.106.070. No contractor may employ a person to engage in or offer to engage in the trade of plumbing unless the person employed has a journeyman certificate, specialty certificate, temporary permit, or trainee certificate. This section does not apply to a contractor who is contracting for work on his or her own residence.
     (2) No person may engage in or offer to engage in medical gas piping installation without having a certificate of competency as a journeyman plumber and a medical gas piping installer endorsement. A trainee may engage in medical gas piping installation if he or she has a training certificate and is supervised by a person with a medical gas piping installer endorsement. No contractor may employ a person to engage in or offer to engage in medical gas piping installation unless the person employed has a certificate of competency as a journeyman plumber and a medical gas piping installer endorsement.
     (3) Except for electricians properly licensed or supervised pursuant to chapter 19.28 RCW and performing work within the scope of their licenses, no person may engage in or offer to engage in the trade of installing, repairing, or maintaining HVAC/R equipment without having a journeyman HVAC/R mechanic certificate, journeyman residential HVAC/R mechanic certificate, HVAC/R fuel delivery piping mechanic certificate, temporary permit, or HVAC/R trainee certificate. A trainee must be supervised by a person who has a journeyman HVAC/R mechanic certificate, journeyman residential HVAC/R mechanic certificate, or temporary permit, as specified in RCW 18.106.070. No contractor may employ a person to engage in or offer to engage in the trade of repairing, maintaining, or installing HVAC/R equipment unless the person employed has a journeyman HVAC/R mechanic certificate, journeyman residential HVAC/R mechanic certificate, HVAC/R fuel delivery piping mechanic certificate, temporary permit, or HVAC/R trainee certificate. This section does not apply to a contractor who is contracting for work on his or her own residence. This section shall also not apply to workers retained by an HVAC/R contractor to engage in only activities that do not require knowledge or skills associated with the energizing or fueling of HVAC/R equipment, such as the lifting or movement of decommissioned, de-energized, or un-energized HVAC/R equipment and related tools and supplies to, from, or within the worksite.
     (4) No contractor may advertise, offer to do work, submit a bid, or perform any work under this chapter without being registered as a contractor under chapter 18.27 RCW.
     (((4))) (5) Violation of this section is an infraction. Each day in which a person engages in the trade of plumbing or HVAC/R in violation of this section or employs a person in violation of this section is a separate infraction. Each worksite at which a person engages in the trade of plumbing or HVAC/R in violation of this section or at which a person is employed in violation of this section is a separate infraction.
     (((5))) (6) Notices of infractions for violations of this section may be issued to:
     (a) The person engaging in or offering to engage in the trade of plumbing or HVAC/R in violation of this section;
     (b) The contractor in violation of this section; and
     (c) The contractor's employee who authorized the work assignment of the person employed in violation of this section.

Sec. 3   RCW 18.106.030 and 1997 c 326 s 4 are each amended to read as follows:
     (1) Any person desiring to be issued a certificate of competency as provided in this chapter shall deliver evidence in a form prescribed by the department affirming that said person has had sufficient experience in as well as demonstrated general competency in the trade of plumbing or specialty plumbing so as to qualify him to make an application for a certificate of competency as a journeyman plumber or specialty plumber. Completion of a course of study in the plumbing trade in the armed services of the United States or at a school accredited by the work force training and education coordinating board shall constitute sufficient evidence of experience and competency to enable such person to make application for a certificate of competency.
     (2) Any person desiring to be issued a medical gas piping installer endorsement shall deliver evidence in a form prescribed by the department affirming that the person has met the requirements established by the department for a medical gas piping installer endorsement.
     (3) Any person desiring to be issued a journeyman HVAC/R mechanic certificate, journeyman residential HVAC/R mechanic certificate, HVAC/R fuel delivery piping certificate, temporary permit, or HVAC/R trainee certificate shall deliver evidence in a form prescribed by the department affirming that the person has met the requirements established under this chapter for a journeyman HVAC/R mechanic certificate, journeyman residential HVAC/R mechanic certificate, HVAC/R fuel delivery piping mechanic certificate, temporary permit, or HVAC/R trainee certificate.
     (4) In addition to supplying the evidence as prescribed in this section, each applicant for a certificate of competency shall submit an application for such certificate on such form and in such manner as shall be prescribed by the director of the department.

Sec. 4   RCW 18.106.040 and 2001 c 281 s 2 are each amended to read as follows:
     (1) Upon receipt of the application and evidence set forth in RCW 18.106.030, the director shall review the same and make a determination as to whether the applicant is eligible to take an examination for the certificate of competency. To be eligible to take the examination:
     (a) Each applicant for a journeyman plumber's certificate of competency shall furnish written evidence that he or she has completed a course of study in the plumbing trade in the armed services of the United States or at a school licensed by the work force training and education coordinating board, or has had four or more years of experience under the direct supervision of a licensed journeyman plumber.
     (b) Each applicant for a specialty plumber's certificate of competency under RCW 18.106.010(((8)(a))) (15)(a) shall furnish written evidence that he or she has completed a course of study in the plumbing trade in the armed services of the United States or at a school licensed by the work force training and education coordinating board under chapter 28C.10 RCW, or that he or she has had at least three years practical experience in the specialty.
     (c) Each applicant for a specialty plumber's certificate of competency under RCW 18.106.010(((8)(b))) (15)(b) shall furnish written evidence that he or she is eligible to take the examination. These eligibility requirements shall be adopted by rule by the director pursuant to subsection (2)(b) of this section.
     (d) Each applicant for a journeyman HVAC/R mechanic certificate of competency under RCW 18.106.010(8) shall furnish: (i) Written evidence that he or she has completed a course of study in the HVAC/R trade in the armed services of the United States, civil service shipyard, or repair facility, at a school licensed by the work force training and education coordinating board, or at an apprenticeship program approved by the apprentice council created under RCW 49.04.010; or (ii) evidence of at least eight thousand hours of verifiable work experience, of which at least four thousand hours must be other than (A) the installation, repair, or maintenance of residential HVAC/R equipment, (B) fuel delivery piping work, and (C) work in accordance with an HVAC/R equipment's manufacturer's preventative or routine maintenance procedures, other than the repair or replacement of electrical or mechanical components, preventative maintenance work, and fuel delivery piping. Of the eight thousand hours of work experience, up to four thousand hours of training may be applied from the completion of a work force accredited training school or apprenticeship program specializing in heating, ventilation, air conditioning, and refrigeration.
     (e) Each applicant for a journeyman residential HVAC/R mechanic certificate of competency under RCW 18.106.010(9) shall furnish: (i) Written evidence that he or she has completed a course of study in the HVAC/R trade in the armed services of the United States, civil service shipyard, or repair facility, at a school licensed by the work force training and education coordinating board, or at an apprenticeship program approved by the apprentice council created under RCW 49.04.010; or (ii) evidence of at least four thousand hours of verifiable work experience of which two thousand hours must be other than: (A) Fuel delivery piping work; and (B) work in accordance with an HVAC/R equipment's manufacturer's preventative or routine maintenance procedures, other than the repair or replacement of electrical or mechanical components, preventative maintenance work and fuel delivery piping. Of the four thousand hours or less of work experience, no more than two thousand hours of training may be applied from the completion of a work force accredited training school or apprenticeship program specializing in heating, ventilation, air conditioning, and refrigeration.
     (f) Each applicant for an HVAC/R fuel delivery piping mechanic certificate of competency under RCW 18.106.010(7) shall furnish: (i) Written evidence that he or she has completed a course of study in the HVAC/R trade in the armed services of the United States, civil service shipyard, or repair facility, at a school licensed by the work force training and education coordinating board, or at an apprenticeship program approved by the apprentice council created under RCW 49.04.010; or (ii) evidence of at least two thousand hours of verifiable work experience, of which one thousand hours must be from other than preventative maintenance work. In addition, a gas codes course approved by the department, of no less than sixty hours, must be completed. Of the two thousand hours of work experience, no more than one thousand hours of training may be applied from the completion of a work force accredited training school or apprenticeship program specializing in heating, ventilation, air conditioning, and refrigeration.
     (2)(a) The director shall establish reasonable rules for the examinations to be given applicants for certificates of competency. In establishing the rules, the director shall consult with the state plumbing and mechanical advisory board ((of plumbers as)) established in RCW 18.106.110.
     (b) The director shall establish reasonable criteria by rule for determining an applicant's eligibility to take an examination for the certificate of competency for specialty plumbers under subsection (1)(c) of this section. In establishing the criteria, the director shall consult with the state plumbing and mechanical advisory board ((of plumbers as)) established in RCW 18.106.110. ((These rules must take effect by July 1, 2002.))
     (3) Upon determination that the applicant is eligible to take the examination, the director shall so notify the applicant, indicating the time and place for taking the same.
     (4) No other requirement for eligibility may be imposed.

Sec. 5   RCW 18.106.050 and 1997 c 326 s 5 are each amended to read as follows:
     (1) The department, with the advice of the advisory board, shall prepare a written examination to be administered to applicants for certificates of competency for journeyman plumber and specialty plumber. The examination shall be constructed to determine:
     (a) Whether the applicant possesses varied general knowledge of the technical information and practical procedures that are identified with the trade of journeyman plumber or specialty plumber; and
     (b) Whether the applicant is familiar with the applicable plumbing codes and the administrative rules of the department pertaining to plumbing and plumbers.
     ((The department shall administer the examination to eligible persons. All applicants shall, before taking the examination, pay to the department a fee.))
     (2) ((For purposes of the medical gas piping installer endorsement,)) The department, with the advice of the advisory board, shall prepare a written examination to be administered to applicants for certificates of competency for journeyman HVAC/R mechanic, journeyman residential HVAC/R mechanic, and HVAC/R fuel delivery piping mechanic. The examination shall be constructed to determine:
     (a) Whether the applicant possesses varied general knowledge of the technical information and practical procedures that are identified with the HVAC/R trade; and
     (b) Whether the applicant is familiar with the applicable plumbing, electrical, and mechanical codes and administrative rules of the department pertaining to HVAC/R.
     (3) The department, with the consent of the advisory board, may enter into a contract with a nationally recognized testing agency to develop, administer, and score ((medical gas piping installer)) any examinations required by this chapter. All applicants shall, before taking an examination ((for a medical gas piping installer endorsement)), pay the required examination fee. The department shall set the examination fee by contract with a nationally recognized testing agency. The fee shall cover but not exceed the costs of preparing and administering the examination and the materials necessary to conduct the practical elements of the examination. The department shall approve training courses and set the fees for training courses for ((the medical gas piping installer endorsement)) examinations under this chapter.
     The department shall certify the results of the examinations under this chapter, and shall notify the applicant in writing whether he or she has passed or failed. Any applicant who has failed the examination may retake the examination, upon the terms and after a period of time that the director shall set by rule. The director may not limit the number of times that a person may take the examination.

Sec. 6   RCW 18.106.070 and 2003 c 399 s 801 are each amended to read as follows:
     (1) The department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder. The department shall renew a certificate of competency if the applicant: (a) Pays the renewal fee assessed by the department; and (b) during the past two years has completed sixteen hours of continuing education approved by the department with the advice of the advisory board, including four hours related to electrical safety. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee.
     The journeyman plumber and specialty plumber certificates of competency, the medical gas piping installer endorsement, the journeyman HVAC/R mechanic, journeyman residential HVAC/R mechanic, HVAC/R fuel delivery piping mechanic certificates, and the temporary permits provided for in this chapter grant the holder the right to engage in the work of plumbing as a journeyman plumber, specialty plumber, journeyman HVAC/R mechanic, journeyman residential HVAC/R mechanic, HVAC/R fuel delivery piping mechanic, or medical gas piping installer, in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.
     (2)(a) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the plumbing construction trade or who is learning the plumbing construction trade may work in the plumbing construction trade if supervised by a certified journeyman plumber or a certified specialty plumber in that plumber's specialty. All apprentices and individuals learning the plumbing construction trade shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the plumbing construction trade ((while)) under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. The holder of the plumbing training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the plumbing construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover, but not exceed, the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the plumbing construction trade shall ((have)) possess their plumbing training certificates ((in their possession)) at all times ((that they are)) when performing plumbing work. They shall show their certificates to an authorized representative of the department at the representative's request.
     (b) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the HVAC/R trade or who is learning the HVAC/R trade may work in the HVAC/R trade if supervised by a journeyman HVAC/R mechanic, journeyman residential HVAC/R mechanic, or HVAC/R fuel delivery piping mechanic who works in that mechanic's scope of work. All apprentices and individuals learning the HVAC/R trade shall obtain an HVAC/R training certificate from the department. The certificate shall authorize the holder to learn the HVAC/R trade under the direct supervision of a journeyman HVAC/R mechanic, a journeyman residential HVAC/R mechanic, or an HVAC/R fuel delivery piping mechanic who works in that mechanic's scope of work. The holder of the HVAC/R training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the HVAC/R industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover, but not exceed, the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the HVAC/R trade shall possess their HVAC/R training certificates at all times when performing HVAC/R work. They shall show their certificates to an authorized representative of the department at the representative's request.
     (3) Any person who has been issued a plumbing or HVAC/R training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman plumber or an appropriate specialty plumber, or a journeyman HVAC/R mechanic, journeyman residential HVAC/R mechanic, or HVAC/R fuel delivery piping mechanic who has an applicable certificate of competency issued under this chapter. Either a journeyman plumber or an appropriate specialty plumber, or a journeyman HVAC/R mechanic, journeyman residential HVAC/R mechanic, or HVAC/R fuel delivery piping mechanic shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty plumbers, or journeyman HVAC/R mechanics, journeyman residential HVAC/R mechanics, or HVAC/R fuel delivery piping mechanics working on a job site shall be:
     (a) Not more than two noncertified plumbers working on any one job site for every certified specialty plumber or journeyman plumber working as a specialty plumber; ((and))
     (b) Not more than one noncertified plumber working on any one job site for every certified journeyman plumber working as a journeyman plumber;
     (c) Not more than one HVAC/R trainee working on any job site for every journeyman HVAC/R mechanic working as a journeyman HVAC/R mechanic;
     (d) Not more than two HVAC/R trainees working on any residential job site for either every (i) journeyman residential HVAC/R mechanic working as a journeyman residential HVAC/R mechanic or (ii) journeyman HVAC/R mechanic; and
     (e) At least one (i) certified HVAC/R fuel delivery piping mechanic working as an HVAC/R fuel delivery piping mechanic, (ii) journeyman residential HVAC/R mechanic working as a journeyman residential HVAC/R mechanic, or (iii) journeyman HVAC/R mechanic at a site where an HVAC/R trainee is performing HVAC/R fuel delivery piping work.
     An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the plumbing construction or HVAC/R trade in a school approved by the work force training and education coordinating board, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.
     (4) An individual who has a current training certificate and who has successfully completed or is currently enrolled in a medical gas piping installer training course approved by the department may work on medical gas piping systems if the individual is under the direct supervision of a certified medical gas piping installer who holds a medical gas piping installer endorsement one hundred percent of a working day on a one-to-one ratio.
     (5) The training to become a certified plumber, journeyman HVAC/R mechanic, journeyman residential HVAC/R mechanic, or HVAC/R fuel delivery piping mechanic must include not less than sixteen hours of classroom training established by the director with the advice of the advisory board. The classroom training must include, but not be limited to, electrical wiring safety, grounding, bonding, and other related items plumbers and HVAC/R mechanics need to know to work under RCW 19.28.091.
     (6) All persons who are certified plumbers before January 1, 2003, are deemed to have received the classroom training required in subsection (5) of this section.
     (7)(a) An HVAC/R trainee may perform work in accordance with an HVAC/R equipment's manufacturer's preventative or routine maintenance procedures, other than the repair or replacement of any electrical or mechanical components, as long as on-site supervision is provided by either a journeyman HVAC/R mechanic working as a journeyman HVAC/R mechanic or a journeyman residential HVAC/R mechanic working as a journeyman residential HVAC/R mechanic no less than twenty-five percent of the time during any day the HVAC/R trainee is engaged in such work.
     (b) Each hour that an HVAC/R trainee performs work that is properly supervised pursuant to this section is creditable towards the minimum hours of experience necessary to qualify to take an examination for the certification of competency under RCW 18.106.040.

Sec. 7   RCW 18.106.080 and 1973 1st ex.s. c 175 s 8 are each amended to read as follows:
     No examination shall be required of any applicant for:
     (1) A certificate of competency who, on July 16, 1973, was engaged in a bona fide business or trade of plumbing, or on said date held a valid journeyman plumber's license issued by a political subdivision of the state of Washington and whose license is valid at the time of making his application for said certificate. Applicants qualifying under this section shall be issued a certificate by the department upon making an application as provided in RCW 18.106.030 and paying the fee required under RCW 18.106.050((: PROVIDED, That)). However, no applicant under this section shall be required to furnish such evidence as required by RCW 18.106.030.
     (2) A certificate of competency as a journeyman HVAC/R mechanic, who before June 30, 2007, provides the department with evidence of at least eight thousand hours of verifiable work experience of which four thousand hours or more must be:
     (a) Nonresidential HVAC/R work performed after January 1, 1998, with a general or specialty HVAC/R contractor registered under chapter 18.27 RCW, and must also possess, at the time of application, a valid electrical license that allows work in the repair, replacement, maintenance, or installation of heating, ventilation, air conditioning, and refrigeration equipment in Washington state;
     (b) Nonresidential HVAC/R work performed after January 1, 1998, with a registered general or specialty HVAC/R contractor, or the equivalent, which was accrued in another state, country, or province;
     (c) Nonresidential HVAC/R work experience in the United States armed forces; or
     (d) Any combination of at least eight thousand hours of verifiable work experience as described in (a) through (c) of this subsection.
     (3) A certificate of competency as a journeyman residential HVAC/R mechanic, who before June 30, 2007, provides the department with evidence of at least four thousand hours of verifiable work experience after January 1, 1998:
     (a) With a general or specialty HVAC/R contractor registered under chapter 18.27 RCW, and who possesses at the time of application, a valid electrical license that allows work in the repair, replacement, maintenance, or installation of heating, ventilation, air conditioning, and refrigeration equipment in Washington state;
     (b) With a registered general or specialty HVAC/R contractor, or the equivalent, which was accrued in another state, country, or province;
     (c) In the United States armed forces; or
     (d) Any combination of at least four thousand hours of verifiable work experience as described in (a) through (c) of this subsection.
     (4) A certificate of competency as an HVAC/R fuel delivery piping mechanic, who before June 30, 2007, provides the department with evidence of at least two thousand hours of verifiable work experience after January 1, 1998:
     (a) With a general or specialty HVAC/R contractor registered under chapter 18.27 RCW, and who either provides proof of completion of a gas codes course approved by the department of at least sixty hours or holds a valid jurisdictional gas code license within the state of Washington;
     (b) With a registered general or specialty HVAC/R contractor, or the equivalent, which was accrued in another state, country, or province;
     (c) In the United States armed forces; or
     (d) Any combination of at least two thousand hours of verifiable work experience as listed in (a) through (c) of this subsection.

Sec. 8   RCW 18.106.090 and 1985 c 7 s 78 are each amended to read as follows:
     The department is authorized to grant and issue temporary permits in lieu of certificates of competency whenever a plumber or HVAC/R mechanic coming into the state of Washington from another state requests the department for a temporary permit to engage in the trade of plumbing as a journeyman plumber or as a specialty plumber, or as a journeyman HVAC/R mechanic, journeyman residential HVAC/R mechanic, or HVAC/R fuel delivery piping mechanic during the period of time between filing of an application for a certificate as provided in RCW 18.106.030 as now or hereafter amended and taking the examination provided for in RCW 18.106.050((: PROVIDED, That)). However, no temporary permit shall be issued to:
     (1) Any person who has failed to pass the examination for a certificate of competency;
     (2) Any applicant under this section who has not furnished the department with such evidence required under RCW 18.106.030;
     (3) ((To)) Any apprentice plumber or apprentice HVAC/R mechanic.

Sec. 9   RCW 18.106.110 and 1997 c 307 s 1 are each amended to read as follows:
     (1) There is created a state plumbing and mechanical advisory board ((of plumbers)), to be composed of ((five)) fourteen members appointed by the governor. ((Two)) Three members shall be journeyman plumbers, ((two)) three members shall be persons conducting a plumbing business, ((and)) one member shall be from the general public who is familiar with the business and trade of plumbing, three members shall be either journeyman HVAC/R mechanics or journeyman residential HVAC/R mechanics, at least one of which must reside east of the crest of the Cascade mountains, three members shall be persons conducting an HVAC/R business, at least one of which must reside east of the crest of the Cascade mountains, and one member from the general public who is familiar with the HVAC/R trade and business.
     (2) The term of one journeyman plumber expires July 1, 1995; the term of the second journeyman plumber expires July 1, 2000; the term of the third journeyman plumber expires July 1, 2008; the term of one person conducting a plumbing business expires July 1, 1996; the term of the second person conducting a plumbing business expires July 1, 2000; ((and)) the term of the third person conducting a plumbing business expires July 1, 2007; the term of the public member with plumbing experience expires July 1, 1997; the term of one journeyman HVAC/R mechanic expires July 1, 2007; the term of the second journeyman HVAC/R mechanic expires July 1, 2008; the term of the third journeyman HVAC/R mechanic expires July 1, 2009; the term of one person conducting an HVAC/R business expires July 1, 2007; the term of the second person conducting an HVAC/R business expires July 1, 2008; the term of the third person conducting an HVAC/R business expires July 1, 2009; and the term of the public member with HVAC/R experience expires July 1, 2008. ((Thereafter,)) Upon the expiration of said terms, the governor shall appoint a new member to serve for a period of three years. However, to ensure that the board can continue to act, a member whose term expires shall continue to serve until his or her replacement is appointed. In the case of any vacancy on the board for any reason, the governor shall appoint a new member to serve out the term of the person whose position has become vacant.
     (3)(a) The advisory board shall carry out all the functions and duties enumerated in this chapter, as well as generally advise the department on all matters relative to this chapter. However, no rules shall be amended or repealed until the advisory board has had an opportunity to consider any proposed amendments or repeals and make recommendations to the director relative thereto.
     (b) The advisory board may, upon a two-thirds majority vote of the entire board, organize itself into two subboards for the purpose of addressing issues of relevance to either the plumbing trade and business or the HVAC/R trade and business, but not to both trades and businesses. All decisions of either subboard constituted pursuant to this subsection (3)(b) shall be deemed a decision of the advisory board if approved by a two-thirds majority vote of the members of the subboard.
     (4) Each member of the advisory board shall receive travel expenses in accordance with the provisions of RCW 43.03.050 and 43.03.060 as now existing or hereafter amended for each day in which such member is actually engaged in attendance upon the meetings of the advisory board.

Sec. 10   RCW 18.106.130 and 1973 1st ex.s. c 175 s 13 are each amended to read as follows:
     All moneys received from certificates, permits, or other sources, shall be paid to the state treasurer as ex officio custodian thereof and by him placed in a special fund designated as the "plumbing and HVAC/R certificate fund". He shall pay out upon vouchers duly and regularly issued therefor and approved by the director. The treasurer shall keep an accurate record of payments into said fund, and of all disbursement therefrom. Said fund shall be charged with its pro rata share of the cost of administering said fund.

Sec. 11   RCW 18.106.150 and 2003 c 399 s 402 are each amended to read as follows:
     (1) Nothing in this chapter shall be construed to require that a person obtain a license, a certified HVAC/R mechanic, or a certified plumber in order to do HVAC/R or plumbing work at his or her residence or farm or place of business or on other property owned by him or her.
     (2) A current certificate of competency or apprentice permit is not required for:
     (a) Persons performing HVAC/R or plumbing work on a farm; or
     (b) Certified journeyman electricians, certified residential specialty electricians, or electrical trainees working for an electrical contractor and performing exempt work under RCW 18.27.090(18).
     (3) Nothing in this chapter shall be intended to derogate from or dispense with the requirements of any valid or mechanical plumbing code enacted by a political subdivision of the state, except that no code shall require the holder of a certificate of competency to demonstrate any additional proof of competency or obtain any other license or pay any fee in order to engage in the trade of plumbing or HVAC/R.
     (4) This chapter shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their officers and employees.
     (5) Nothing in this chapter shall be construed to apply to any farm, business, industrial plant, or corporation doing plumbing or HVAC/R work on premises it owns or operates.
     (6) Nothing in this chapter shall be construed to restrict the right of any householder to assist or receive assistance from a friend, neighbor, relative or other person when none of the individuals doing such plumbing or HVAC/R work hold themselves out as engaged in the trade or business of plumbing or HVAC/R, respectively.

Sec. 12   RCW 18.106.155 and 1977 ex.s. c 149 s 11 are each amended to read as follows:
     The director may, upon payment of the appropriate fees, grant a certificate of competency without examination to any applicant who is a registered journeyman HVAC/R mechanic, journeyman residential HVAC/R mechanic, journeyman plumber, or specialty plumber in any other state whose requirements for registration are at least substantially equivalent to the requirements of this state, and which extends the same privileges of reciprocity to journeyman HVAC/R mechanics, journeyman residential HVAC/R mechanics, journeymen plumbers, or specialty plumbers registered in this state.

Sec. 13   RCW 18.106.170 and 1983 c 124 s 6 are each amended to read as follows:
     An authorized representative of the department may investigate alleged or apparent violations of this chapter. An authorized representative of the department upon presentation of credentials may inspect sites at which a person is doing plumbing or HVAC/R work for the purpose of determining whether that person has a certificate or permit issued by the department in accordance with this chapter or is supervised by a person who has such a certificate or permit. Upon request of the authorized representative of the department, a person doing plumbing or HVAC/R work shall produce evidence that the person has a certificate or permit issued by the department in accordance with this chapter or is supervised by a person who has such a certificate or permit.

Sec. 14   RCW 18.106.180 and 2002 c 82 s 3 are each amended to read as follows:
     (1) An authorized representative of the department may issue a notice of infraction as specified in RCW 18.106.020 if:
     (a) A person who is doing plumbing or HVAC/R work or who is offering to do plumbing or HVAC/R work fails to produce evidence of:
     (i) Having a certificate or permit issued by the department in accordance with this chapter, or being supervised by a person who has such a certificate or permit; and
     (ii) Being registered as a contractor as required under chapter 18.27 RCW or this chapter, or being employed by a person who is registered as a contractor;
     (b) A person who employs anyone, or offers or advertises to employ anyone, to do plumbing or HVAC/R work fails to produce evidence of being registered as a contractor as required under chapter 18.27 RCW or this chapter; or
     (c) A contractor violates RCW 18.106.320.
     (2) A notice of infraction issued under this section shall be personally served on the person named in the notice by an authorized representative of the department or sent by certified mail to the last known address provided to the department of the person named in the notice.

Sec. 15   RCW 18.106.250 and 2002 c 82 s 4 are each amended to read as follows:
     (1) The administrative law judge shall conduct notice of infraction cases under this chapter pursuant to chapter 34.05 RCW.
     (2) The burden of proof is on the department to establish the commission of the infraction by a preponderance of the evidence. The notice of infraction shall be dismissed if the defendant establishes that, at the time the notice was issued:
     (a) The defendant who was issued a notice of infraction authorized by RCW 18.106.020(((5)(a))) (6)(a) had a certificate or permit issued by the department in accordance with this chapter, was supervised by a person who has such a certificate or permit, or was exempt from this chapter under RCW 18.106.150; or
     (b) For the defendant who was issued a notice of infraction authorized by RCW 18.106.020(((5) (b) or (c))) (6) (b) or (c), the person employed or supervised by the defendant has a certificate or permit issued by the department in accordance with this chapter, was supervised by a person who had such a certificate or permit, was exempt from this chapter under RCW 18.106.150, or was registered as a contractor under chapter 18.27 RCW.
     (3) After consideration of the evidence and argument, the administrative law judge shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the record of the proceedings. If it has been established that the infraction was committed, the administrative law judge shall issue findings of fact and conclusions of law in its decision and order determining whether the infraction was committed.
     (4) An appeal from the administrative law judge's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure.

Sec. 16   RCW 18.106.270 and 1994 c 174 s 8 are each amended to read as follows:
     (1) A person found to have committed an infraction under RCW 18.106.020 shall be assessed a monetary penalty of two hundred fifty dollars for the first infraction, and not more than one thousand dollars for a second or subsequent infraction. The department shall set by rule a schedule of penalties for infractions imposed under this chapter.
     (2) The administrative law judge may waive, reduce, or suspend the monetary penalty imposed for the infraction for good cause shown.
     (3) Monetary penalties collected under this chapter shall be deposited in the plumbing and HVAC/R certificate fund.

Sec. 17   RCW 18.106.320 and 2005 c 274 s 229 are each amended to read as follows:
     (1) Contractors shall accurately verify and attest to the trainee hours worked by plumbing and HVAC/R trainees on behalf of the contractor and that all training hours were under the supervision of a certified plumber and within the proper ratio, and shall provide names and certificate numbers of the supervising plumbers((' names and certificate numbers)) or HVAC/R mechanics. However, contractors are not required to identify which hours a trainee works with a specific certified plumber or HVAC/R mechanic.
     (2) The department may audit the records of a contractor that has verified the hours of experience submitted by a plumbing or HVAC/R trainee to the department under RCW 18.106.030 in the following circumstances: Excessive hours were reported; hours were reported outside the normal course of the contractor's business; or for other similar circumstances in which the department demonstrates a likelihood of excessive or improper hours being reported. The department shall limit the audit to records necessary to verify hours. The department shall adopt rules implementing audit procedures. Information obtained from a contractor under the provisions of this section is confidential and is not open to public inspection under chapter 42.56 RCW.
     (3) Violation of this section by a contractor is an infraction.

NEW SECTION.  Sec. 18   A new section is added to chapter 18.106 RCW to read as follows:
     (1) It is unlawful for any person, firm, partnership, corporation, or other entity to advertise, offer to do work, submit a bid, engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to any HVAC/R equipment defined in RCW 18.106.010(6), without having an unrevoked, unsuspended, and unexpired: (a) Electrical contractor license as required by RCW 19.28.041; (b) certificate of competency as a master journeyman electrician, journeyman electrician, master specialty residential electrician, specialty residential electrician, or a properly supervised electrical trainee, as required by RCW 19.28.161; or (c) certificate of competency as a journeyman HVAC/R mechanic or journeyman residential HVAC/R mechanic issued by the department in accordance with this chapter.
     (2) It is unlawful for any person, firm, partnership, corporation, or other entity to advertise, offer to do work, submit a bid, engage in, conduct, or carry on the business of installing, maintaining, or repairing fuel piping relating to HVAC/R equipment as defined in RCW 18.106.010(6), without having an unrevoked, unsuspended, and unexpired: (a) Certificate of competency as a journeyman plumber, specialty plumber, properly supervised plumbing trainee, or temporary permit, as required by RCW 18.106.020 and provided in RCW 18.106.070; or (b) certificate of competency as a journeyman HVAC/R mechanic, journeyman residential HVAC/R mechanic, HVAC/R fuel delivery mechanic, properly supervised HVAC/R trainee, or temporary permit issued by the department in accordance with this chapter.

Sec. 19   RCW 19.28.041 and 2002 c 249 s 2 are each amended to read as follows:
     (1) Except as provided by section 18 of this act, it is unlawful for any person, firm, partnership, corporation, or other entity to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the electrical industry, without having an unrevoked, unsuspended, and unexpired electrical contractor license, issued by the department in accordance with this chapter. All electrical contractor licenses expire twenty-four calendar months following the day of their issue. The department may issue an electrical contractors license for a period of less than twenty-four months only for the purpose of equalizing the number of electrical contractor licenses that expire each month. Application for an electrical contractor license shall be made in writing to the department, accompanied by the required fee. The application shall state:
     (a) The name and address of the applicant; in case of firms or partnerships, the names of the individuals composing the firm or partnership; in case of corporations, the names of the managing officials thereof;
     (b) The location of the place of business of the applicant and the name under which the business is conducted;
     (c) Employer social security number;
     (d) Evidence of workers' compensation coverage for the applicant's employees working in Washington, as follows:
     (i) The applicant's industrial insurance account number issued by the department;
     (ii) The applicant's self-insurer number issued by the department; or
     (iii) For applicants domiciled in a state or province of Canada subject to an agreement entered into under RCW 51.12.120(7), as permitted by the agreement, filing a certificate of coverage issued by the agency that administers the workers' compensation law in the applicant's state or province of domicile certifying that the applicant has secured the payment of compensation under the other state's or province's workers' compensation law;
     (e) Employment security department number;
     (f) State excise tax registration number;
     (g) Unified business identifier (UBI) account number may be substituted for the information required by (d) of this subsection if the applicant will not employ employees in Washington, and by (e) and (f) of this subsection; and
     (h) Whether a general or specialty electrical contractor license is sought and, if the latter, the type of specialty. Electrical contractor specialties include, but are not limited to: Residential, pump and irrigation, limited energy system, signs, nonresidential maintenance, restricted nonresidential maintenance, appliance repair, and a combination specialty. A general electrical contractor license shall grant to the holder the right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electric current, and installing or maintaining equipment, or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current, in the state of Washington. A specialty electrical contractor license shall grant to the holder a limited right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electrical current, and installing or maintaining equipment; or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current in the state of Washington as expressly allowed by the license.
     (2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(d) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.
     (3) The application for an electrical contractor license shall be accompanied by a bond in the sum of four thousand dollars with the state of Washington named as obligee in the bond, with good and sufficient surety, to be approved by the department. The bond shall at all times be kept in full force and effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom, suspends the license issued to the principal until a new bond has been filed and approved as provided in this section. Upon approval of a bond, the department shall on the next business day deposit the fee accompanying the application in the electrical license fund and shall file the bond in the office. The department shall upon request furnish to any person, firm, partnership, corporation, or other entity a certified copy of the bond upon the payment of a fee that the department shall set by rule. The fee shall cover but not exceed the cost of furnishing the certified copy. The bond shall be conditioned that in any installation or maintenance of wires or equipment to convey electrical current, and equipment to be operated by electrical current, the principal will comply with the provisions of this chapter and with any electrical ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(3) that is in effect at the time of entering into a contract. The bond shall be conditioned further that the principal will pay for all labor, including employee benefits, and material furnished or used upon the work, taxes and contributions to the state of Washington, and all damages that may be sustained by any person, firm, partnership, corporation, or other entity due to a failure of the principal to make the installation or maintenance in accordance with this chapter or any applicable ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(3). In lieu of the surety bond required by this section the license applicant may file with the department a cash deposit or other negotiable security acceptable to the department. If the license applicant has filed a cash deposit, the department shall deposit the funds in a special trust savings account in a commercial bank, mutual savings bank, or savings and loan association and shall pay annually to the depositor the interest derived from the account.
     (4) The department shall issue general or specialty electrical contractor licenses to applicants meeting all of the requirements of this chapter. The provisions of this chapter relating to the licensing of any person, firm, partnership, corporation, or other entity including the requirement of a bond with the state of Washington named as obligee therein and the collection of a fee therefor, are exclusive, and no political subdivision of the state of Washington may require or issue any licenses or bonds or charge any fee for the same or a similar purpose. No person, firm, partnership, corporation, or other entity holding more than one specialty contractor license under this chapter may be required to pay an annual fee for more than one such license or to post more than one four thousand dollar bond, equivalent cash deposit, or other negotiable security.
     (5) To obtain a general or specialty electrical contractor license the applicant must designate an individual who currently possesses a valid master journeyman electrician's certificate of competency, master specialty electrician's certificate of competency in the specialty for which application has been made, or administrator's certificate as a general electrical contractor administrator or as a specialty electrical contractor administrator in the specialty for which application has been made.
     (6) Administrator certificate specialties include but are not limited to: Residential, pump and irrigation, limited energy system, signs, nonresidential maintenance, restricted nonresidential maintenance, appliance repair, and combination specialty. To obtain an administrator's certificate an individual must pass an examination as set forth in RCW 19.28.051 unless the applicant was a licensed electrical contractor at any time during 1974. Applicants who were electrical contractors licensed by the state of Washington at any time during 1974 are entitled to receive a general electrical contractor administrator's certificate without examination if the applicants apply prior to January 1, 1984. The board of electrical examiners shall certify to the department the names of all persons who are entitled to either a general or specialty electrical contractor administrator's certificate.

NEW SECTION.  Sec. 20   This act takes effect January 1, 2007.